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INTEREST FOR INCREASE IN PRICE WITH RETROSPECTIVE EFFECT

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..... An excisable product is cleared regularly on payment of Central Excise Duty. A memorandum of understanding (MOU) is signed between of buyer seller on 21/01/2012 wherein the price of the product is increased from restrospective effect from 01/04/2011. Differential billing is done for the increased price central excise duty on the same is paid. The department has raised a demand for interest u .....

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..... /s 11A / 11AA of central Excise Act,1944 . on the differential amount from 01/04/2011 treating the it to be short payment of central excise duty. Is the claim of the department justified as the the increase in price is from retrospective effect? Though the Hon'ble Supreme Court in the case of CCE Vs SKF India Ltd . (2009 (7) TMI 6 - SUPREME COURT)= 2009 (239) ELT 385 (SC ) held that inte .....

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..... rest is payable. central Excise Act has undergone a lot of changes in this regard after the Yr. 2009. Please give some valuable suggestions in this regard - Reply By Pradeep Khatri - The Reply = Yes, you are liable to pay the interest on the price movement upward retrospectively. - Reply By Sanjay Sharma - The Reply = Interest is payable in this case there is no run away. Regards, San .....

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..... jay Sharma - INTEREST FOR INCREASE IN PRICE WITH RETROSPECTIVE EFFECT - Query Started By: - SUPRAKASH MITTRA Dated:- 5-4-2013 Central Excise - Got 2 Replies - Central Excise - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

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